[Swsan]

My spouse is from Australia. Due to VISA issues (only) my marriage got registered in December 2011. It was only court marriage and the marriage was never consummated. I have been living at my parents place since then.

The person I got married with was a big big abuser. He abused me every time without any rhyme or reason. So I put a divorce case before one year of marriage and the district court gave the permission to file the petition before one year of marriage.

The summons reached the guy's house in August 2012. The guy's parents came to the court without giving any response took another date. Since then 4 dates have been given by the court but neither the respondent's reply came nor he himself. Now even one year of marriage has passed but I’m not getting divorce. Every time we get the dates. We have attached all the legal proofs with the case, but we are not being heard.

Is there any provision by which I can get an ex parte divorce? And if the guy doesn't turn up on the next date too, then what would be the status of the case- next date or ex parte divorce?

Please reply.

Thank you

[Fr_Chuck]

You will really need a local attorney to handle this for you, the wire should be motoins to file to force this to court, and if he is not there, rule without him.

[joypulv]

How were 4 court dates given without a response? Generally (I don't know about India) if there is no response, you get to proceed without him. The court already knows that he knows about the divorce filing, so it isn't a matter of finding him. He's the one who got the postponement. I'm wondering if you failed to do a certain step when he failed to respond each time.